R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardFeb 28, 2000

Bram Herlich

OLRB0 cases1990–2026

Certification applications dismissed as untimely because the underlying interest arbitration award was quashed.

The applicant filed applications for certification relying on an interest arbitration award to establish timeliness.

However, the Divisional Court had quashed that award.

Although the employer was seeking leave to appeal the Divisional Court's decision, the Board held that the arbitration award currently had no legal effect.

Consequently, the applications were dismissed as untimely, with the Board noting it would entertain a request for reconsideration if the arbitration award was ultimately reinstated.

Christian Labour Association of Canada v. St. Andrew’s Residence, 2000 CanLII 12322

R. R. Montague

J. A. Rundle

Brian McLean

OLRBOntario Labour Relations BoardFeb 24, 2000

Representation vote ordered in union certification application; majority declines to seal ballot box.

The applicant trade union applied for certification to represent a bargaining unit of employees of the responding party municipality.

The Board found that the applicant appeared to have the requisite forty percent membership support in the proposed unit and ordered a representation vote.

Although the responding party gave notice under section 8.1 of the Labour Relations Act, 1995 disagreeing with the applicant's estimate of the number of employees, the majority of the Board declined to seal the ballot box, finding the proposed unit could be appropriate and the threshold appeared to be met.

One Board member dissented, stating she would have ordered the ballot box sealed pending a determination of the actual number of employees.

Local Union 636 of the International Brotherhood of Electrical Workers v. The Town of Clinton, 2000 CanLII 10727

R. R. Montague

J. A. Rundle

Brian McLean

OLRBOntario Labour Relations BoardFeb 24, 2000

Representation vote directed in application for termination of bargaining rights.

The applicant employees applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the bargaining rights of the responding party union.

The Board found the application timely and that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

The Board directed that a representation vote be taken.

Employees of Ventures Group Home v. Ontario Public Service Employees Union, 2000 CanLII 9383

R. R. Montague

J. A. Rundle

Brian McLean

OLRBOntario Labour Relations BoardFeb 24, 2000

Board directs representation vote in union certification application with segregated ballots for disputed positions.

The applicant trade union applied for certification to represent employees of the responding party.

The Ontario Labour Relations Board found that the applicant is a trade union and that at least forty percent of the individuals in the proposed bargaining unit were members of the union.

The Board directed that a representation vote be taken, with segregated ballots for disputed positions including program administrators, students, administrative assistants, and office administrators.

Ontario Public Service Employees Union v. Sundowners Day Care and Resource Centre Division I, 2000 CanLII 8267

R. R. Montague

J. A. Ronson

Brian McLean

OLRBOntario Labour Relations BoardFeb 23, 2000

Application withdrawn with leave of the Board at the request of the applicants.

The applicants requested to withdraw their application before the Ontario Labour Relations Board.

The Board granted the request and the application was withdrawn with leave of the Board.

Deanna Gostick and Paul Dehler v. Independent Canadian Transit Union, 2000 CanLII 6363

R. R. Montague

J. A. Rundle

Brian McLean

OLRBOntario Labour Relations BoardFeb 22, 2000

Representation vote directed in application for union certification.

The applicant trade union applied for certification to represent employees of the responding party.

The Board found the applicant to be a trade union under the Labour Relations Act, 1995, and determined the appropriate bargaining unit based on the parties' agreement.

Finding that at least forty percent of the individuals in the proposed unit were union members, the Board directed that a representation vote be held.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. GH International Packaging Ltd., 2000 CanLII 7139

R. R. Montague

Pamela Chapman

OLRB0 cases1994–2012

J. A. Rundle

OLRBOntario Labour Relations BoardFeb 22, 2000

Proceedings terminated at the request of the applicant.

The applicant union requested the termination of the proceedings via correspondence.

The Ontario Labour Relations Board granted the request and terminated the proceedings.

United Food and Commercial Workers International Union, Locals 175/633 v. The Great Atlantic & Pacific Company of Canada, Limited, 2000 CanLII 10960

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardFeb 16, 2000

Anthony Brown

OLRB0 cases2000–2001

Representation vote directed in union certification application despite employer's dispute over bargaining unit composition.

The applicant trade union applied for certification to represent employees of the responding party.

The responding party disputed the proposed bargaining unit and the estimated number of employees, giving notice under section 8.1 of the Labour Relations Act, 1995.

The Board found that the applicant's proposed bargaining unit could be appropriate and that the applicant established sufficient membership support to warrant a representation vote.

The Board directed that a representation vote be held, with any disputed ballots to be segregated.

Teamsters Local Union No. 419 v. Omers Realty Management Corp, 2000 CanLII 6503

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardFeb 16, 2000

Anthony Brown

OLRB0 cases2000–2001

Union certification application dismissed because membership evidence was for the international union, not the local.

The applicant, Service Employees International Union, Local 220, applied for certification.

The Ontario Labour Relations Board dismissed the application because the submitted membership evidence was for the international union rather than the local union.

The Board found that the applicant failed to comply with subsection 7(13) of the Labour Relations Act, 1995, as evidence of membership in an international union is not generally accepted as evidence of membership in a local.

Service Employees International Union, Local 220 v. Grand River Hospital Corporation, 2000 CanLII 12248

R. R. Montague

J. A. Ronson

OLRBOntario Labour Relations BoardFeb 16, 2000

Anthony Brown

OLRB0 cases2000–2001

Representation vote directed in timely application to terminate union's bargaining rights.

The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.

The Board found the application was timely and that at least forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

Consequently, the Board directed that a representation vote be taken among the eligible employees.

Michelle Sova v. Service Employees International Union Local 220 SEIU-AFL-CIO-CLC, 2000 CanLII 6328

Timothy W. Sargeant

OLRB0 cases1997–2001

R. R. Montague

J. A. Rundle

OLRBOntario Labour Relations BoardFeb 15, 2000

Board rescinds previous decision declaring union successor rights due to administrative error.

The Ontario Labour Relations Board rescinded its previous decision dated January 10, 2000, which had declared that the applicant union acquired the rights, privileges, and duties of its predecessor.

The Board noted that the previous decision was issued in error.

CAW Local 414 of National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. OK Economy A Division of Westfair Foods Ltd., 2000 CanLII 6025

Russell Goodfellow

R. R. Montague

J. A. Ronson

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union filed an application for certification.

Following a representation vote where not more than fifty per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board dismissed the application.

A one-year bar on subsequent certification applications by the applicant for the same bargaining unit was imposed.

United Food and commercial Workers International Union Local 175 v. W.T. Lynch Foods Limited, 2000 CanLII 1117

Russell Goodfellow

R. R. Montague

J. A. Ronson

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent a unit of employees at Sport Maska Inc. Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate will issue to the applicant.

Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 v. Sport Maska Inc., 2000 CanLII 10964

Russell Goodfellow

R. R. Montague

J. A. Ronson

Applications withdrawn by leave of the Board.

The applicant union sought to withdraw its applications against The Hostess Frito-Lay Company and Weston Bakeries Limited.

The Ontario Labour Relations Board granted leave to withdraw the applications.

CAW Local 461 of National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. The Hostess Frito-Lay Company, 2000 CanLII 6028

Russell Goodfellow

R. R. Montague

J. A. Ronson

Application adjourned sine die on consent of the parties.

The parties agreed to adjourn the application sine die for a period not exceeding one year.

The Board consented to the adjournment, noting that the application would be deemed terminated if neither party requested to proceed within that time.

Communications, Energy and Paperworkers Union of Canada v. The Daily Observer, a Division of Hollinger Inc., 2000 CanLII 2782

Russell Goodfellow

R. R. Montague

J. A. Ronson

Union decertified after majority of employees voted in opposition during representation vote.

The applicant applied to terminate the responding party union's bargaining rights.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no statements of desire to make representations filed, the Board declared that the union no longer represents the employees of the intervenor employer.

The previously scheduled hearing dates were cancelled.

Michael T. Losier v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 195, 2000 CanLII 11099

Russell Goodfellow

R. R. Montague

J. A. Ronson

Union certification granted following a successful representation vote.

The applicant union applied for certification.

A representation vote was held, and more than fifty percent of the ballots were cast in favour of the applicant.

No statement of desire to make representations was filed.

The Board found the agreed-upon bargaining unit appropriate and directed that a certificate issue to the applicant union.

Service Employees International Union Local 478 v. ParaMed Home Health Care, North Bay, 2000 CanLII 6859

Russell Goodfellow

R. R. Montague

J. A. Ronson

Certification application dismissed after union failed to win more than 50% of representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than 50 per cent of the ballots cast by employees in the bargaining unit were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on future certification applications by the applicant for this bargaining unit.

Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 880 v. N. Tepperman Ltd., 2000 CanLII 1091

Russell Goodfellow

R. R. Montague

J. A. Ronson